Did you get a traffic ticket in Mecklenburg County recently? With the toll road construction happening on I-77, it isn’t hard to receive a citation. The construction has caused traffic problems in the area. In order to avoid the traffic problems, many people have made illegal turns, u-turns, red light, and stop sign violations.
It’s quite easy to get frustrated waiting in traffic and make an unlawful, or what is perceived as unlawful, movement in order to escape the traffic. Should you hire a traffic lawyer to handle your traffic ticket in Mecklenburg County? First, many traffic tickets are moving violations, which lead to license and insurance points. Additional points on your license and insurance will cause your insurance rates to increase, this can cost a substantial amount of money. Instead of paying off a traffic ticket or attempting to handle the ticket yourself, consider hiring a traffic lawyer. A traffic lawyer can save you money by attempting to get your violation turned into a non-moving violation. Hiring a traffic lawyer will also, often times, prevent you from having to go to court in Mecklenburg County. Thus, if you get a traffic ticket or traffic citation in Mecklenburg County you should seriously consider hiring a traffic lawyer. Not only will your traffic lawyer attempt to get you a better deal, they will often save you money in the long-term. If you are in need of a traffic lawyer in Mecklenburg County: Charlotte, NC, Cornelius, NC, Huntersville NC, Davidson NC, or the Lake Norman area, contact Adkins Law PLLC. Although the practice focuses on representation in Mecklenburg County, Adkins Law PLLC also represents individuals in a variety of counties. Contact Adkins Law PLLC if you require assistance in handling a traffic citation.
11 Comments
A premarital agreement, also known as a prenuptial agreement or prenup, is a written contract created by a (sometimes engaged) couple before they are set to be married. The contract typically outlines all of the property owned by each person; this can include cars, stock accounts, bank accounts, etc.. All items are specified in the written contract so that each person can determine what is to happen to that property, if the marriage were to ever end with divorce.
North Carolina has adopted the Uniform Premarital Agreement Act (UPAA). The UPAA allows parties to contract with respect to: 1. Division of Property - the division of property during marriage and upon divorce. 2. Alimony - Alimony and the waiver of alimony. Waiver of alimony agreements will be upheld unless doing so will cause the disadvantaged spouse to be eligible for public assistance. 3. Child Support - Child support arrangements will be upheld as long as they provide for the reasonable needs of the child(ren). There are some people that believe the rich and famous are the only ones to create prenups BUT this is not true. Prenups are merely used to protect the assets of each individual, avoid conflict in the event of divorce, avoid your significant others debts, as well as clarify finances with your significant other. Without a prenup the property is split as martial property in a divorce judgement. If you are thinking about creating a prenup with you and your significant other we can help to draft the document for you. Keep in mind that an attorney is not needed to create a valid pre-marital agreement. Failing to hire a family law attorney may, however, affect whether the agreement is fair, valid, and enforceable. Adkins Law is able to provide you with advice and assistance with the creation of a valid premarital agreement. Contact us to schedule a consultation with an experienced family law attorney. In preparing answers to requests for admissions, the answers must be made in good faith and answer the request in detail. Answers that do not accomplish this may be stricken at the court’s discretion and sanctions applied. The following excerpted Rules and cases support the above conclusion. If the defendant in your case offered only blanket denials, and you are able to provide documentation showing that his answers were not complete or made in good faith, it is likely that a judge would be amenable to striking the answers, thus making them admissions, and imposing sanctions such as attorney’s fees. If the opposing party has a good faith belief that their denials were correct, then they will likely not be sanctioned. Of particular interest in Rule 37 (c), which explains the grounds under which a judge may choose to sanction for failure to admit.
NC Rules of Civil Procedure Rule 36 If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. N.C. Gen. Stat. Ann. 1A-1, 36 Rule 37 (c) Expenses on failure to admit.--If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay to him or her the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that (i) the request was held objectionable pursuant to Rule 36(a), or (ii) the admission sought was of no substantial importance, or (iii) the party failing to admit had reasonable ground to believe that he or she might prevail on the matter, or (iv) there was other good reason for the failure to admit. N.C. Gen. Stat. Ann. 1A-1, 37 Rule 8 (c) (b) Defenses; form of denials. -- A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part of or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in Rule 11. N.C. Gen. Stat. Ann. 1A-1, 8 Case Law
Wachovia Bank of N. Carolina, N.A. v. Bob Dunn Jaguar, Inc., 117 N.C. App. 165, 174, 450 S.E.2d 527, 533 (1994) Adkins Law specializes in Family Law and is prepared to help you! Contact us today to set up a consultation with one of our attorney's.
1) How long do we have to be separated before we can file for divorce?
You can file for divorce “if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six (6) months.” 2) How long will the whole process take once the complaint is filed? It depends. When the plaintiff files a complaint for absolute divorce, a defendant is entitled to 30 days to respond. If a defendant fails to respond to the complaint within 30 or 60 days if applicable, the plaintiff is entitled to proceed with their claim for absolute divorce. 3) What if I am in the military and live out of state? Can the divorce still be filed in NC? Yes! As long as there is one party that resides in North Carolina for a minimum of six months. The divorce will have to be filed in the county the resident resides in. 5) Is spousal support available while divorce is pending in court? It is up to the court to order that one spouse provide support to the other during the pending stages of the divorce. 6) When is it considered abandonment by a spouse? Abandonment occurs when a spouse intentionally moves out of the martial home with the intent to remain permanently apart without the consent of the other spouse. 7) Is your spouse entitled to alimony if they cheated? No! A spouse that is found dependent by the court is not entitled to alimony if they have had sexual relations with another person that is not their spouse at any time prior to the date of separation. 8) What if my spouse does not agree to the divorce, can I still move forward with the divorce complaint? You can obtain a divorce decree whether your spouse agrees with it or not. There are just two requirements: you and your spouse have to have been separated for one-year and one of you has to have been a resident of North Carolina for 6-months prior to the filing of the divorce. Adkins Law specializes in Family Law and is prepared to help you with your divorce. We understand you may have more questions before you proceed with a divorce that is why we offer consultations. Give our office a call to schedule your consultation. Misconception #1:
Trusts are only for people with a high net worth! Trusts can be set up to serve a variety of purposes and aren't only for "rich people". The most common type of trust is a living or revocable trust. A revocable trust is set up so that it can be modified during ones lifetime. Misconception #2: Trusts are Expensive to Setup! Each state and attorney has its own prices when it comes to trusts. Contact attorneys in your area to get an idea of the cost. Generally attorneys have packages that include more than just a trust. Adkins Law specializes in Estate Planning and would be happy to help you! Misconception #3: You no longer in control of assets held in a trust! With a revocable or living trust, you maintain complete control over all assets in the trust during your lifetime. Keep in mind, like most estate planning issues, credit protections vary and you should always work with an estate planning attorney to understand all your options. Misconception #4: Trusts are only for cash or financial securities! Trusts can be set up to hold a variety of assets: -Real estate -Art -Privately held interests in a business Just to name a few! The primary benefit of putting an asset in a revocable trust is to ensure the assets are distributed according to your wishes. Misconception #5: After I set up a trust, my assets will automatically flow as planned! This may be true in some instances, however, this is not automatic and you must be careful not to contradict the terms of the trust. Once the trust is set up, retitle assets in the name of the trust. Misconception #6: I don't need a trust if I have a will! Having a will in place is a great first step into estate planning. But, having a will does not mean your assets are completely secure. Wills can be contested, there is no guarantee that what you want to happen actually will happen if it is just outlined in your will. Misconception #7: It is generally a good idea to name a family member or friend as a trustee! People often name relatives or family members as their executor of their estate and trustees on a trust. Sometimes this can create a strain on your family dynamics. Acting as trustee and/or executor or a trust and estate can be a large amount of work. You can always consider appointing an third party or corporate trustee to manage the assets and execute the wishes of your trust. My doing this it may alleviate the burden of appointing a family member and instead help in assigning a "neutral" party to act as trustee. Misconception #8: Trusts can be set up to benefit a charity, business organization, or even a pet. Sometimes it is possible to assign percentages of your trust assets to a organization or charity of your choice. It is recommended you work with an attorney who may be able to assist in establishing the kind of trust that best fits to your needs for your family, maybe even your pets. Trusts can be powerful and can accomplish a wide range of goals. They can be very difficult and sometimes hard to understand, That is why Adkins Law is here for you! We specialize in Estate Planning and we can work with your family in creating and drafting the Trust Document or Estate Package that best fits your needs for your family. Give our office a call to set up your FREE consultation. Adkins Law is prepared to plan and
help your family with an Estate Plan! Having a basic estate plan is essential to ensure that your family is cared for after you are no longer here, and your finances are distributed in the way that you desire. This plays a significant role in reducing stress and frustration for your loved ones in the event of your incapacitation or death. Contact us today to schedule your FREE consultation! There are 2 important point systems related to driving in NC. There are DMV points and insurance points
DMV points, or license points, are points that are assessed to you by the DMV. Your driver’s license will be suspended if you accumulate 12 or more DMV points within a 3 year period. Below is a list of driving charges, and the amount of DMV Points associated with each charge: Offense-------------------------------------------------------------DMV Points Manslaughter or Negligent Homicide--------------------------Suspended Pre-arranged Highway Racing----------------------------------Suspended Hit and Run (injury/death)--------------------------------------Suspended DWI (.08 BAC or more)------------------------------------------Suspended Transporting Illegal Liquor for Sale-----------------------------Suspended Highway Racing-------------------------------------------------Suspended Speeding to Elude Arrest---------------------------------------Suspended Driving While Revoked or Suspended--------------------------Suspended Aggressive Driving (Comm. Lic.)---------------------------------6 Points Aggressive Driving (Class C License)----------------------------5 Points Reckless Driving-------------------------------------------------4 Points Hit and Run (property damage)----------------------------------4 Points Passing a Stopped School Bus-----------------------------------5 Points Speeding (75 mph or greater when limit < 70)------------------Suspended Speeding (80 mph or greater when limit 70)---------------------3 Points Driver Under 21 Driving after Consuming Alcohol/Drugs-------Suspended At-FaultAccident (injury/death > $800)--------------------------Suspended Illegal Passing----------------------------------------------------4 Points Following Too Closely--------------------------------------------4 Points Driving on Wrong Side of Road-----------------------------------4 Points Stop Sign/Stop Light Violation-----------------------------------3 Points Speeding Through a Safety Zone---------------------------------3 Points Driving with no Operator’s License-------------------------------3 Points Failure to Yield Right of Way-------------------------------------3 Points Failure to Stop for Siren-------------------------------------------3 Points Driving with no Liability Insurance--------------------------------3 Points At Fault Accident (property damage > $1,800, but < $3,000)------3 Points Speeding (>10 mph over limit when speed limit is > 55, but < 76)--3 Points Speeding when limit is 55 mph or greater------------------------3 Points Speeding when limit is 55 mph or less---------------------------2 Points Speeding in School Zone-----------------------------------------3 Points All other Moving Violations---------------------------------------2 Points Failure to Restrain Child in Restraint------------------------------2 Points At-Fault Accidents (injury or property damage < $1,800)---------3 Points Littering from vehicle---------------------------------------------1 Point Non-Moving Violations-------------------------------------------0 Points Adkins Law Attorneys are happy to help clients with any traffic violation. Call us today with any question you may have or to get help with your traffic violation. There are several different types of Child Custody:
How is Custody Determined? Court will decide where the child will live and what type of custody will or should be awarded to each parent. If the parents have come to an agreement, the courts will often take that into consideration before making the decision for the family and the child. If no agreement can be made, then the court will choose based on the “best interests” of the child. The court considers a wide variety of factors to determine the best arrangement for custody of the child. The factors the courts consider:
Adkins Law can help you understand any and all complexities of your child custody case. Call Adkins Law today for more information and to schedule a consultation. Adkins Law is committed to being there for you no matter what stage of life you are going through. If you are in need of assistance with Family Law Issues, Estate Planning for your family or even a Traffic Law issue. We are here to help you! Call us today to set up a consultation.
|
Archives
January 2022
|